F2B - Domicile Issue of my sponsor

[chelsy 0]

Hi,

I hope someone from this forum can help me with my Domicile issue with my sponsor. (this is my 1st post too!) :-)

I was interviewed last April 28, 2011 in the US Embassy Philippines. After the consul interviewed me, the procedure that they gave to me, was to established the Domicile issue of my Mum, which is my sponsor. My mother is currently living in the Philippines right now with her retired husband, who is a US citizen.

Me, my mum and my step dad are planning to go together if my visa will be approve.

The properties and billing address in the US are address to my step dad, not to my mum. How would my mum establish her Domicile if she does not have any properties, bank accounts, billing address etc. All she have is her SS no, driver's license and her Permanent Residency.

Btw, would it help also, if she will mention in her letter that she applied for US citizenship but she was denied last year?

Is it also worth mentioning in the letter that my mum, just went to US last March and arrived in the Philippines last Arpil 2011.

THanks for the advance reply.

Chelsy

[Penguin_ie 5,993]

Do your mom and stepdad not have anything jointly?

I don't think the failed citizenship app will help, if anything it could make things worse- why was she denied? How long has she been living abroad?

Your mom will need to prove she really intents to return- has she been looking for a job in the US yet? Show proof. Do they own property in the US or are planning to rent/ buy and if the latter, have they started looking yet? Show proof. Ultimately, your mother may need to return to the US before you to re-establish domicile.

[NigeriaorBust 4,087]

If your mother is LIVING in the PI and not returning to the US and living there more than half the year and not a USC your interview may have highlighted this behavior and your mother may find her green card is no longer valid. She may be denied at next attempt to enter the US

[JimVaPhuong 4,863]

Hi,

I hope someone from this forum can help me with my Domicile issue with my sponsor. (this is my 1st post too!) :-)

I was interviewed last April 28, 2011 in the US Embassy Philippines. After the consul interviewed me, the procedure that they gave to me, was to established the Domicile issue of my Mum, which is my sponsor. My mother is currently living in the Philippines right now with her retired husband, who is a US citizen.

Me, my mum and my step dad are planning to go together if my visa will be approve.

The properties and billing address in the US are address to my step dad, not to my mum. How would my mum establish her Domicile if she does not have any properties, bank accounts, billing address etc. All she have is her SS no, driver's license and her Permanent Residency.

Btw, would it help also, if she will mention in her letter that she applied for US citizenship but she was denied last year?

Is it also worth mentioning in the letter that my mum, just went to US last March and arrived in the Philippines last Arpil 2011.

THanks for the advance reply.

Chelsy

I suggest your step-father submit an I-864A, and include proof of HIS domicile in the US. As a qualifying household member, establishing his domicile will also help to establish hers. Also, both your mom and step-father can submit a sworn affidavit that they are currently visiting the Philippines, and will return to the US before or at the same time as you.

Why was your mother's US citizenship denied?

[chelsy 0]

If your mother is LIVING in the PI and not returning to the US and living there more than half the year and not a USC your interview may have highlighted this behavior and your mother may find her green card is no longer valid. She may be denied at next attempt to enter the US

My mum keeps coming back to US twice a year...and she doesn't have any property on her name. All the properties named on my step dad. She just went to US last March 2011 and came back to PI this April. Would her Residency will be revoke then?

Is it better that she goes first in the US? What we plan is to go together and we find work together there.

[Penguin_ie 5,993]

Visiting the US twice a year for only a few weeks- the way your mom did earlier this year- does not maintain residency. As a Legal Permanent Resident, she is supposed to reside in the USA, ie spend the majority of her time there. We cannot say for certain that her greencard will be revoked, but your application will have highlighted her travel record, so she needs to be extra careful now, especially if the denial of her citizenship was related to this also.

I like Jim's idea of the stepdad submitting a I-864A but if that isn't possible, then your mom going back to the USA first may be your only option.

[chelsy 0]

I suggest your step-father submit an I-864A, and include proof of HIS domicile in the US. As a qualifying household member, establishing his domicile will also help to establish hers. Also, both your mom and step-father can submit a sworn affidavit that they are currently visiting the Philippines, and will return to the US before or at the same time as you.

Why was your mother's US citizenship denied?

She didn't qualify for the 3 years livings in the US, since she keeps coming back to Philippines that's why her citizenship was denied.

[Penguin_ie 5,993]

She needs to stop going back to the Philippines so much, for her own sake as well as yours. If she can spend as much time as possible- definitely more than 6 months each year, but preferably significantly more as she has been flagged now- in the USA until citizenship, she will be safer.

[chelsy 0]

She didn't qualify for the 3 years livings in the US, since she keeps coming back to Philippines that's why her citizenship was denied.

I will ask my step dad to submit for I-864A. But will it affect if he was retired already?

My mum live for 6mos last year in US. Will the consul allow us to go together there? or my mum will go 1st, which is the best option?

What will happen if i submitted the supporting docs for my mum domicile issue, and yet they didn't give me a visa, will it still be possible that my mum go 1st and establish her residency?

[JimVaPhuong 4,863]

I will ask my step dad to submit for I-864A. But will it affect if he was retired already?

My mum live for 6mos last year in US. Will the consul allow us to go together there? or my mum will go 1st, which is the best option?

What will happen if i submitted the supporting docs for my mum domicile issue, and yet they didn't give me a visa, will it still be possible that my mum go 1st and establish her residency?

Ok, I got the impression from your previous post that your mom just went to the Philippines in March for a visit, and has only been there a little over a month. I didn't realize she was actually living in the Philippines and just returning to the US periodically in order to maintain her permanent resident status.

This is a critical problem. If the consulate determines that she's not domiciled in the US, and is actually living in the Philippines, then she's abandoned her permanent resident status. Not only will she be denied as a sponsor, she'll lose her green card. A permanent resident is required to LIVE in the United States. Someone who doesn't actually live in the US doesn't need a green card. It sounds as if your mom is trying to use her green card as if it were a long term visa.

If your mom intends to live in the US then I think she and her husband should return immediately. If your mom intends to live in the Philippines and occasionally visit the US then she should give up her green card, and she shouldn't be sponsoring you.

As far as the affidavit of support requirements, a sponsor must be domiciled in the US or prove that they will reestablish domicile on or before the day the immigrant arrives in the US. Reestablishing domicile generally only applies to US citizens. A permanent resident must remain domiciled in the US or they will lose their permanent resident status.

I suggested the I-864A because your step-father apparently has proof that he's maintained a domicile in the US.

[Anh map 2,098]

Ok, I got the impression from your previous post that your mom just went to the Philippines in March for a visit, and has only been there a little over a month. I didn't realize she was actually living in the Philippines and just returning to the US periodically in order to maintain her permanent resident status.

This is a critical problem. If the consulate determines that she's not domiciled in the US, and is actually living in the Philippines, then she's abandoned her permanent resident status. Not only will she be denied as a sponsor, she'll lose her green card. A permanent resident is required to LIVE in the United States. Someone who doesn't actually live in the US doesn't need a green card. It sounds as if your mom is trying to use her green card as if it were a long term visa.

If your mom intends to live in the US then I think she and her husband should return immediately. If your mom intends to live in the Philippines and occasionally visit the US then she should give up her green card, and she shouldn't be sponsoring you.

As far as the affidavit of support requirements, a sponsor must be domiciled in the US or prove that they will reestablish domicile on or before the day the immigrant arrives in the US. Reestablishing domicile generally only applies to US citizens. A permanent resident must remain domiciled in the US or they will lose their permanent resident status.

I suggested the I-864A because your step-father apparently has proof that he's maintained a domicile in the US.

I would suggest that the step father do an I-864 instead of an I-864A. He's head of household and given the Mom's residency/domicile issue and lack of income it would be cleaner for the step-dad to do the 864 for a household of 3 (him, wife, and OP).

[chelsy 0]

I would suggest that the step father do an I-864 instead of an I-864A. He's head of household and given the Mom's residency/domicile issue and lack of income it would be cleaner for the step-dad to do the 864 for a household of 3 (him, wife, and OP).

Thanks for the advises...what is the difference between I-864A and I-864?

My hopes right now is getting lower...it's upsetting because i waited for 12 years for this visa.